May 2017

Wednesday May 31st 2017

New filing in the Fairholme case, click here to view.
Peter Chapman writes, “The government delivered a request to Judge Sweeney this afternoon asking for permission to file a corrected status report. The government indicates that, because of an oversight, 839 FHFA documents weren’t turned over to Fairholme’s lawyers until today.”

New filing in the Fairholme case, click here to view.
Peter Chapman writes, “Judge Sweeney entered an opinion and Order this afternoon, saying that because the government’s initial discovery-related objections were substantially justified, she will not order the government to pay Fairholme’s legal fees.”

2nd filing in the Fairholme case, click here to view.
Peter Chapman writes, “The government delivered a Status Report to Judge Sweeney indicating that it has turned additional documents over to Fairholme’s lawyers over which it previously asserted claims of privilege.”

New filing in the Collins case, click here to view.
Peter Chapman writes, “The Fifth Circuit received the Collins Plaintiffs’ appeal today and the Clerk has assigned No. 17-20364 to that appellate proceeding.”

New filing in the Deloitte case, click here to view.
Peter Chapman writes, “To accelerate the appeal process, the Edwards Plaintiffs are asking Judge Scola to direct the Clerk to enter a formal judgment rejecting their remand request, substituting FHFA for the plaintiff-shareholders, and dismissing their lawsuit.”

New filing in the Robinson case, click here to view.
Peter Chapman writes, “FHFA sent a letter to the Sixth Circuit to alert it to Judge Atlas’ decision dismissing the Collins Plaintiffs’ complaint and urging the Court to continue the unbroken line of decisions saying section 4617(f) of HERA bars GSE shareholder litigation.”

New filing in the Deloitte case, click here to view.
Peter Chapman writes, “Getting ready, apparently, to get ready to appeal to the Eleventh Circuit, Bryan S. Gowdy at Creed & Gowdy, P.A., entered his appearance on behalf of the Edwards Plaintiffs today.”

New filings in the Saxton case.Brief of Plaintiffs-Appellants (Doc. 15)Addendum of Brief of Plaintiffs-Appellants (Doc. 16)
Peter Chapman writes, “The Saxton Plaintiffs delivered their opening brief to the Eighth Circuit yesterday, urging the appellate tribunal to follow Judge Brown’s reasoning and conclude that FHFA and Treasury exceeded their authority under HERA, their actions aren’t fully insulated from judicial review, and shareholders are not powerless while the GSEs are in conservatorship. A copy of the opening brief (Doc. 15) and an addendum (Doc. 16) are (linked above).”

New filing in the Collins case, click here to view.
Peter Chapman writes, “The Collins Plaintiffs filed a notice of appeal this afternoon indicating they will ask the Fifth Circuit to review Judge Atlas’ decision.”

New filing in the Robinson case, click here to view.
Peter Chapman writes, “Ms Robinson’s lawyers at Cooper & Kirk distinguish the AIG case from this case, explaining that AIG’s deal with the Fed was an arms’-length transaction and the Net Worth Sweep wasn’t.”

2nd filing in the Robinson case, click here to view.
Peter Chapman writes, “FHFA’s lawyers at Arnold & Porter say that Mr. Watt’s recent testimony isn’t any form of additional authority for the court to consider and, in any event, is entirely consistent with FHFA’s position.”

New filings in the Collins case.Memorandum and OrderFinal Judgment
Peter Chapman writes, “Judge Atlas entered a Memorandum and Opinion and Final Judgment this afternoon dismissing the Collins Plaintiffs’ APA claims against FHFA and Treasury for the same reasons Judge Lamberth dismissed them, and concluding that FHFA’s structure is constitutional.”

New filing in the Robinson case, click here to view.
Peter Chapman writes, “Treasury wants the Sixth Circuit to know about the Federal Circuit’s recent decision entered in the AIG litigation, saying that ruling supports the government’s argument that Ms. Robinson’s claims are derivative, rather than direct, and are therefor barred under HERA.”

2nd filing in the Robinson case, click here to view.
Peter Chapman writes, “Ms. Robinson wants the Sixth Circuit to pay close attention to Mel Watt’s recent testimony before the Senate Banking Committee where he said HERA obligates FHFA to conserve and preserve, contradicting FHFA’s argument in its court filings that it has no such duty.”

New filings in the Saxton case.Public Administrative Order (Doc. 111)Transmittal Letter (Doc. 112)
Peter Chapman writes, “The Court Reporter prepared a transcript (Doc. 110) of the hearing held before Judge Reade on Mar. 23, 2017, and transmitted a copy of the Eighth Circuit. In accordance with the Court’s procedures (Doc. 111) a copy of the transcript can be purchased now from the Court Reporter, Patrice A. Murray at (319) 286-2338, and a copy will become available to the public on Aug. 14, 2017.”

New filing in the Piszel case, click here to view.
Peter Chapman writes, “Mr. Piszel delivered his petition for a writ of certiorari to the U.S. Supreme Court last week, and the High Court advised the Federal Circuit about the filing. A copy of the notice sent to the Federal Circuit is (linked above), and the High Court’s docket is posted at https://www.supremecourt.gov/search.aspx?filename… “